Take It To The Board with Donna DiMaggio Berger

What a Bank Loan Can and Cannot Do For Your Association

Send us Fan Mail [https://www.buzzsprout.com/1758787/fan_mail/new] The hardest part of running a community association right now is that the bills are getting bigger while the margin for error is getting smaller. Insurance costs keep climbing, buildings are aging, milestone inspections and reserve funding expectations persist, and boards are being asked to approve projects that can cost millions of dollars. So how do you fund critical repairs without triggering financial chaos for owners or inviting fraud and mismanagement?   In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Meghan Hallinan, Executive Vice President and Managing Director of National HOA and Property Management Banking at BankUnited, to get a lender’s view of community association financing. Donna and Meghan walk through how community association loans really work when there is no physical collateral, why incoming assessments and the community’s financial track record matter so much, and what red flags can stop a deal in its tracks. They also explain why banks look beyond a single project and want to understand your reserve study, your upcoming capital plan, and whether your owners can absorb the budgetary increase.   They also dig into the operational side: draw schedules on construction-style funding, the role of project managers and inspections, and how boards can avoid common breakdowns when leadership changes mid-project. Then Donna and Meghan shift to risk and controls, including the difference between a term loan and a line of credit for HOAs on balanced budgets, how litigation can affect lending decisions, what to know about the Fannie Mae's “blacklist,” and the fraud prevention tools every association should treat as non-negotiable, including positive pay and ACH controls.   If you serve on a board, manage communities, or advise associations, this conversation will help you build a realistic financing plan and protect your funds at the same time.  Conversation Highlights: * How banks’ views of community associations have shifted—and what’s driving the change * What lenders evaluate first—before the numbers even come into play * The biggest misconceptions boards have about borrowing—and why they matter * Common deal breakers: delinquencies, underfunded reserves, governance issues, and deferred maintenance * The Fannie Mae Blacklist explained—and what it really means for your community * Loan vs. line of credit: how to choose the right financing tool * Why reserve funding is under increased scrutiny—and how it impacts borrowing * What a “financially responsible” board looks like from a lender’s perspective * The most common fraud red flags banks are seeing in community associations * Internal controls every association should have—and where boards often fall short * How banks can partner with associations to help prevent fraud * Non-negotiable best practices to safeguard association funds * What boards should be doing now to become more attractive borrowers * The mindset shift every board needs when it comes to financial decision-making Related Links: * Podcast: Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth [https://beckerlawyers.com/show-me-the-money-investment-strategies-with-michael-coady-and-kenny-polcari-of-slatestone-wealth/] * Online Class: Budgeting & Reserves [https://www.floridacondohoalawblog.com/classes/#Budgeting&Reserves] * Resource: 5 Ways HOAs Can Prevent Financial Fraud [https://www.bankunited.com/resource-corner/5-ways-hoas-can-prevent-financial-fraud]

Why, When and How to Update Your Governing Documents

Send a text [https://www.buzzsprout.com/twilio/text_messages/1758787/open_sms] Outdated governing documents can leave associations enforcing rules written for a different era—leading to confusion, conflict, and unnecessary legal risk. In this episode of Take It To The Board, host Donna DiMaggio Berger [https://beckerlawyers.com/professionals/donna-dimaggio-berger/] is joined by Becker shareholder Nataly Gutierrez Vazquez [https://beckerlawyers.com/professionals/nataly-gutierrez-vazquez/], a Florida Bar board-certified specialist in condominium and planned development law, to break down what happens when documents fall behind—from obsolete developer provisions to vague standards and evolving statutes that create enforcement gray areas. Donna and Nataly outline a practical roadmap for updating declarations, bylaws, articles and rules, including how to recognize when it’s time to act, build community support through workshops and town halls, and position a rewrite as smart risk management—not a power grab. They also explore when targeted amendments make sense versus when a full rewrite is the better path. The conversation also tackles key documentary risk areas: AI-generated amendments, Document Rewrite Committees, Kaufman language, termination thresholds post-Biscayne 21, amendment challenges in mixed-use communities, addressing and defining scrivener’s errors, and removing outdated or unlawful restrictions that can impact trust and resale value. Whether you’re a board member, community manager, or advisor, this episode offers a clear, practical framework for modernizing your documents and strengthening your community. Conversation Highlights: * When is it time to update your governing documents—and what red flags boards should never ignore * The real risks of operating under decades-old documents * Should you form a Document Rewrite Committee? What works, what doesn’t, and how to avoid derailment * How often governing documents conflict with state statutes—and why that matters * Spot amendments vs. full rewrites: how to decide what’s right for your community * The hidden risks of repeatedly patching outdated documents * When (and why) to lower amendment thresholds before a full rewrite—and the risks involved * Kaufman language explained: what it is, why it matters, and where its limits lie * Budget-conscious strategies for updating documents—and which amendments deliver the biggest impact * Condo termination provisions in the spotlight: lessons from Florida's landmark Biscayne 21 case * Removing outdated discriminatory covenants and unwinding illegal restrictions * The reputational risks of leaving problematic provisions on record * Can you future-proof your documents—or will history repeat itself? * First steps: what boards should do right now if their documents are outdated Related Links: * Podcast: A Board Members’ Guide to Unexpected Issues – Your Questions Answered [https://beckerlawyers.com/a-board-members-guide-to-unexpected-issues-your-questions-answered/] * Online Class: Rewriting Your Documents from Start to Finish [https://www.floridacondohoalawblog.com/classes/#RewritingDocuments] * Article: Making It Easier to Amend Governing Documents [https://www.floridacondohoalawblog.com/2024/08/28/making-it-easier-to-amend-governing-documents/]

What You Need to Know About Conspiracy Theories with University of Miami Professor Joseph E. Uscinski

Send us Fan Mail [https://www.buzzsprout.com/1758787/fan_mail/new] In this week’s episode of Take It To The Board, host Donna DiMaggio Berger [https://beckerlawyers.com/professionals/donna-dimaggio-berger/] sits down with Professor Joseph E. Uscinski [https://people.miami.edu/profile/60b5fb062f4f266afb6739ec21657c74], one of the leading scholars on conspiracy theories, to unpack why certain narratives catch fire while others fizzle, and how those same dynamics trickle down from the national stage into Condo hallways and HOA Clubhouses. From definitions that go beyond the legal notion of conspiracy to the social forces that keep believers locked in, Donna and Professor Uscinski explore what makes a conspiracy theory feel plausible, even when official investigations say otherwise. Donna and Professor Uscinski break down why surveys show almost everyone endorses at least one conspiracy belief and why attempting to debunk those beliefs with data rarely changes minds. They map the pathways that move ideas from fringe to mainstream—elite cues, media attention, shifting partisanship—and explain how danger arises when politicians echo conspiracy theories to justify their policies. The difference between a rumor at the water cooler and a directive from an official with power is the difference between nuisance and harm. Then they bring it home. Condo and HOA Boards wield authority and control and disburse money, which makes them lightning rods for suspicion: “the board is hiding funds,” “management is in cahoots,” “there’s a secret agenda.” Donna and her guest share practical tools for association leaders to lower the temperature, talk candidly about what not to do, and how to spot personality red flags that predict conflict. Conversation Highlights: * What actually qualifies as a conspiracy theory—and how is it different from healthy skepticism? * The psychology behind conspiratorial thinking * The biggest mistakes leaders make when responding to conspiracy-minded residents * Should boards confront rumors directly, or can that strategy backfire? * How social media accelerates speed, scale, and emotional intensity within communities * How to engage someone constructively without validating misinformation * Recognizing when engagement is no longer productive * Language leaders should avoid to prevent hardening distrust * Is conspiratorial thinking becoming more polarized—or just more visible * One key piece of advice for leaders governing in an era of distrust  Related Links: * Podcast: Is Truth Stranger Than Fiction Particularly When It Comes to the Community Association Lifestyle? with Marvin Nodiff, Former Community Association Attorney and Author [https://beckerlawyers.com/take-it-to-the-board-surviving-the-storm-is-truth-stranger-than-fiction-particularly-when-it-comes-to-the-community-association-lifestyle-with-marvin-nodiff-former-community-association-attorney-a/] * Article: Why some people are willing to believe conspiracy theories [https://www.apa.org/news/press/releases/2023/06/why-people-believe-conspiracy-theories] * Podcast Guest Publication: Defining Conspiracy Theory and Related Terms [https://academic.oup.com/book/60542/chapter-abstract/523453186?redirectedFrom=fulltext&login=false]

A Recall Roadmap -- From Petition to Resolution, with Becker’s Jonathan J. Ellis

Send us Fan Mail [https://www.buzzsprout.com/1758787/fan_mail/new] Recalls are where community politics get real. When a board receives a Recall Petition, emotions run high and so do the legal stakes. In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Becker shareholder Jonathan J. Ellis, Florida Bar board-certified in condominium and planned development law, to demystify what drives recalls, how they actually work and how to steer a community through the process with as little pain as possible. Donna and Jonathan break down the two Florida recall paths—membership meeting vs. written ballot and why the Florida Department of Business and Professional Regulation’s (DBPR) forms and “facial validity” standard matter so much. You’ll hear the critical do’s and don’ts as they also cover the required five-day Board meeting to certify, what counts as a valid rejection of the recall effort, common traps like DocuSign signatures, and why the Division rarely polices the “story” behind a signature unless fraud is obvious.    Beyond the mechanics, they focus on strategy. Managers should stay neutral; boards must communicate early and accurately, with data that explains why tough choices—reserve funding, special assessments, construction projects and life-safety repairs—can’t wait. Donna and Jonathan weigh when to fight, when to pivot, and when to accept a valid recall with grace. You’ll learn about timing windows around elections, why recalls are harder to win than elections, and how to navigate developer-appointed seats and layered voting interests. They round it out with practical transition tips for new boards: bank resolutions, records turnover, and avoiding long-term contracts that handcuff future boards.    If you’re an owner building a recall effort, a director sensing one, or a manager trying to stay above the fray, this conversation gives you a clear, candid roadmap.  Conversation Highlights: * Why recalls happen in community associations, from governance breakdowns and personality conflicts to policy disputes and allegations of misconduct. * When pursuing a recall makes sense versus waiting for the next election cycle. * A clear walkthrough of how the Florida condominium recall process works and what to expect at each stage. * The pros and cons of voting on a recall at a meeting versus using a written agreement. * How boards and managers should communicate during a recall effort while avoiding defamation or retaliation risks. * What boards can and cannot do when responding to a recall and how authority is handled if a dispute arises. * How to evaluate whether to certify or challenge a recall based on defects, evidence, and regulatory scrutiny. * Common mistakes owners and boards make that can invalidate a recall or make one more likely. * Practical steps to maintain continuity of operations and keep the community running during leadership transitions. * Governance reforms and best practices that can help rebuild trust and prevent future recalls. Related Links: * Article: Florida bill would let homeowners recall community development district boards [https://www.wusf.org/politics-issues/2026-02-14/florida-bill-would-let-homeowners-recall-community-development-district-boards?_gl=1*ysii14*_ga*MTUxMzgwNzkwNC4xNzcxMzUzNTU5*_ga_Q6EH4FZY1W*czE3NzEzNTM1NTkkbzEkZzAkdDE3NzEzNTM1NTkkajYwJGwwJGgw] * Online Class: Board Certification: Condo/Co-Op 4-Hour [https://www.floridacondohoalawblog.com/classes/#BoardCertCondo] * Online Class: Board Certification: HOA 4-Hour [https://www.floridacondohoalawblog.com/classes/#BoardCertHOA]

How Better Business Bureau Tools Can Help Boards Make Safer Hiring Decisions

Send us Fan Mail [https://www.buzzsprout.com/1758787/fan_mail/new] Hiring a contractor shouldn’t feel like a risky gamble—especially when you’re spending association funds and hoping for a great result for your repair or renovation project. On this week’s episode of Take It To The Board, host Donna DiMaggio Berger talks to Cinthya Lavin, VP of Communications and Community Engagement at the Better Business Bureau, to uncover practical and attainable ways Condominium, Cooperative and HOA boards can hire smarter, avoid scams, and build a reliable vendor bench without slowing projects to a crawl.    Cinthya breaks down how BBB’s e-quote tool helps boards get three accredited bids—often within a day—so you can meet competitive bidding requirements and keep momentum on key repairs and capital projects.  Donna and Cinthya dig into what “accredited” really means, how BBB verifies licenses and insurance, and how the ratings algorithm weighs responsiveness, scale, complaint patterns, and government actions. You’ll learn why a vendor’s willingness to answer complaints often predicts how they’ll handle issues on your job, and why communication should be a top selection criterion alongside price and scope.    They also explore the evolving threat landscape. BBB’s Scam Tracker offers a community-wide alert system for fraud attempts, and Cinthya shares simple safeguards for boards. This episode also includes a comparison of BBB with platforms like Yelp; discusses AI’s role in business education and reviews, and highlights programs such as the Torch Awards which celebrate companies with strong character, culture, customer care, and community impact.    If you want to make faster, safer hiring decisions and elevate trust in your community, this conversation delivers the playbook. Conversation Highlights:  *  Why a 100+-year-old organization is still relevant in today’s fast-moving business landscape * How the BBB evaluates businesses and what really separates an A+ rating from a lower grade * How boards and managers can use the BBB to vet contractors and comply with competitive bidding requirements * How to identify complaint trends and spot vendors with recurring unresolved issues. * Listed vs. accredited: The key differences between businesses that appear on the BBB and those that earn accreditation. * Warning signs on a BBB profile, from licensing issues to unresolved disputes and suspicious business details. * How the BBB can help confirm insurance, licensing, and other critical qualifications. * What the BBB is seeing in post-storm reconstruction—and the rise of scams and fraudulent contractors. * One simple step boards can take today to reduce vendor risk and protect their communities Related Links: * Podcast: Why Every Contract Needs to Be Reviewed with Becker’s James Robert Caves [https://beckerlawyers.com/why-every-contract-needs-to-be-reviewed-with-beckers-james-robert-caves/] * Resource: Consumer Resources from The Better Business Bureau [https://www.bbb.org/all/consumer-resources] * Article: Am I Protected? Contractual Quandaries for All Associations [https://www.floridacondohoalawblog.com/2025/06/27/am-i-protected-contractual-quandaries-for-all-associations/]